People v. Eberhardt

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of driving while ability impaired (Vehicle and Traffic Law § 1192 [1]) and aggravated unlicensed operation of a motor vehicle in the first degree (Vehicle and Traffic Law § 511 [3] [a]). Contrary to defendant’s contentions, the verdict is not against the weight of the evidence (see generally, People v Bleakley, 69 NY2d 490 , 495) and the sentence is neither unduly harsh nor severe. We note, however, that the order of revocation issued by the Department of Motor Vehicles improperly revokes defendant’s license for a minimum of one year, rather than a minimum of six months (see, Vehicle and Traffic Law § 1193 [2] [b] [1-a]) and the order must therefore be amended (see generally, People v Nunez, 267 AD2d 1050 , 1051, lv denied 94 NY2d 905 ). (Appeal from Judgment of Genesee County Court, Noonan, J.— Aggravated Unlicensed Operation Motor Vehicle, 1st Degree.)